United States ex rel. Wood v. United Surety Co.

[1] The proceedings at the trial before the commissioner or referee in this case are not open to review by this court to the extent sought by the exceptions filed to his findings and report. The stipulation of the parties, in conformity with which the order of reference was made, authorized that officer, not only to take the evidence, but to report his “findings of fact and conclusions of law” thereon, with no provision either in the stipulation or the order for a review by the court of his rulings on evidence or on matters of procedure. Such a reference is something more than the ordinary reference to a master in a suit .in equity. It constitutes the referee a judge pro hac vice, with power as ample for the conduct of the trial and rulings on all questions arising therein, excepting‘only for entry of judgment, as if the cause were being tried by the court itself; and the report or determination of such an officer is not subject to be set aside by the court, except for a want of evidence to sustain his findings or manifest error in his conclusions of law. As said in Kimberly v. Arms, 129 U. S. 512, 524 , 9 Sup. Ct. 355, 359 ( 32 L. Ed. 764 ):

See, also, Davis v. Schwartz, 155 U.…